Reports & Testimonies

GAO’s recommendations database contains report recommendations that still need to be addressed.

GAO’s recommendations help congressional and agency leaders prepare for appropriations
and oversight activities, as well as help improve government operations. Recommendations
remain open until they are designated as Closed-implemented or Closed-not implemented.
You can explore open recommendations by searching or browsing.

GAO's priority recommendations are those that we believe warrant priority attention. We sent
letters to the heads of key departments and agencies, urging them to continue focusing
on these issues. These recommendations are labeled as such. You can find priority recommendations
by searching or browsing our open recommendations below, or through our mobile app.

Recommendation: Depending on the outcome of the litigation, the Secretary of Labor should take steps to ensure the agency will be positioned to conduct a meaningful retrospective review consistent with the Executive Order at an appropriate time. These steps should be taken in consultation with the Centers for Medicare & Medicaid Services, and could include, for example, identifying metrics that could be used to evaluate the rule, and implementing a plan to gather and analyze the necessary data.

Agency: Department of LaborStatus: Open

Comments: The Department of Labor's Wage and Hour Division (WHD) agreed with this recommendation and reported that it is working to develop data collection plans and explore a potential evaluation that is focused on the Home Care Rule. As part of this effort, WHD noted that it will continue to work with HHS and other federal partners. In FY16, WHD reported that such an evaluation of how stakeholders and affected industries have responded to the rule would be beneficial. However, litigation has delayed implementation and enforcement of the rule significantly, and WHD believes an evaluation at this stage would be premature and would be unlikely to fully and accurately capture stakeholders' responses to the rule and the resulting impacts. Delaying the evaluation would allow WHD to monitor the results of its own investigations and the effects of ongoing compliance assistance, both of which would be extremely difficult to measure at this early stage. WHD will continue to monitor early implementation to determine the appropriate start for any evaluation.